Rally in Montclair to support same-sex marriage after NJ Supreme Court ruling Same-sex marriages can begin Monday in New Jersey on a provisional basis, the state Supreme Court ruled on Friday. The court will not make a final ruling on same-sex marriage rights until next year. But in the meantime, it upheld an order by a trial judge allowing civil marriages for gay couples to start Monday. Friday night, Garden State Equality held a rally and celebration outside their headquarters in Montclair including several politicians and same-sex couples excited about the ruling. (Video by Michael Monday/The Star-Ledger)

TRENTON — "Same-sex couples who cannot marry are not treated equally under the law today."

With those words, the New Jersey Supreme Court yesterday refused to put a temporary hold on gay marriage, opening the way for the state’s first same-sex wedding ceremonies in the coming days.

The 20-page unanimous decision, in an opinion written by Chief Justice Stuart Rabner, was a stunning setback to the administration of Republican Gov. Chris Christie, which had petitioned for a temporary stay of a lower-court ruling that had cleared the way for same-sex marriages to begin Monday.

The decision was met with elation by supporters of same-sex marriage and was expected to set off a rush to the altar from Jersey City to Lambertville and Asbury Park.

The matter grew out of a sharply contested lawsuit filed in Trenton, where six families and Garden State Equality argued that the U.S. Supreme Court’s ruling striking down the Defense of Marriage Act in June had extended more than 1,000 federal tax and legal benefits to same-sex couples — but only if they were in "lawful marriages." They argued that New Jersey was left out because it allowed only civil unions.

State Superior Court Judge Mary Jacobson agreed, ruling Sept. 27 that same-sex couples were being denied equal rights in New Jersey. She ordered the state to allow same-sex marriages starting Monday.

After Jacobson refused the Christie administration’s request to delay the Oct. 21 start date until the appeals process was finished, the state immediately moved to the high court to temporarily bar same-sex marriages pending that review. The Supreme Court agreed to fast-track the appeal, scheduling oral arguments for Jan. 6 or 7.

But in denying a stay yesterday, the court gave strong indication that the state was not likely to prevail.

"The state has advanced a number of arguments, but none of them overcome this reality: same-sex couples who cannot marry are not treated equally under the law today. The harm to them is real, not abstract or speculative," wrote the court.

It added that the state presented "no explanation for how it is tangibly or actually harmed" by allowing same-sex couples to marry.

Christie steps aside

A spokesman for Christie, who is considered a possible 2016 presidential candidate, indicated the governor was not happy, but said he would put no obstacles in the way of couples seeking marriage licenses next week.

"The Supreme Court has made its determination," said Michael Drewniak. "While the governor firmly believes that this determination should be made by all the people of the state of New Jersey, he has instructed the Department of Health to cooperate with all municipalities in effectuating the order of the Superior Court under the applicable law."

The governor long has maintained that same-sex marriage should be decided by voters through a ballot question.

Thirteen other states — including most in the Northeast — now recognize gay marriage.
‘Happy people’

Proponents of same-sex marriage hailed the ruling, which has been battled in the state’s courts and the Legislature for a decade.

Lawrence Lustberg, one of the lawyers for the families and Garden State Equality, called it gratifying.

"Here’s the truth: There are a lot of very happy people today. Happy because they can get married. Happy because they feel like they’re being treated equally. And that makes it a pretty extraordinary day for civil rights in New Jersey. As a lifetime civil rights lawyer, the language of how it can never be in the public interest to discriminate is very moving and very rewarding."

He said the court correctly applied settled law to the facts, making good on the promise of equality that it set in its 2006 Lewis vs. Harris decision that found same-sex couples in New Jersey must get all the same rights and benefits as heterosexual married couples. At the time, the court stopped short of calling for marital rights and the Democratic-controlled Legislature set up civil unions instead.

Garden State Equality, a statewide gay rights group, called on supporters to continue pushing for gay marriage.

"Today the New Jersey Supreme Court has stood on the side of equality and refused to delay the freedom to marry. We have been fighting an uphill battle for the dignity of marriage for years, and we are finally within sight of the summit. However, this is not the time to rest. It is the time to recommit. It is the time to pull out all the stops," said Troy Stevenson, the group’s executive director.
Opponents disappointed

Opponents like John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage, said the matter should have been decided by referendum and not by the courts.

"Court after court is misinterpreting and misreading the law in order to get the result that they wish, which is to destroy the historical definition of marriage," he said. "Once you do that by a judicial fiat, no longer will you be able to limit marriage just to two people of the same gender."

Brian Brown, president of the National Organization for Marriage, also was critical.

"It is extremely disappointing that the New Jersey Supreme Court has allowed the ruling of an activist judge to stand pending its appeal through the court system," he said.
Veto override eyed

Politically, the decision sets up the possibility that the Legislature could marshal the votes to override the governor’s veto of a gay marriage bill last year. Advocates have been pushing state lawmakers to find the votes before the bill expires Jan. 14.

Senate Majority Leader Loretta Weinberg (D-Bergen), who said the ruling extends justice and equality more broadly throughout the state, urged the governor to drop his opposition and sign a marriage equality bill.

"We are a better people and a better state with marriage equality," she said.

Assemblyman Reed Gusciora (D-Mercer), a sponsor of New Jersey’s same-sex marriage law, said the court had no choice but to deny the stay.

"I hope the Christie administration takes the hint and withdraws its lawsuit," he said.

Senate President Stephen Sweeney (D-Gloucester) called the ruling a victory in the fight for marriage equality in New Jersey.

"Oct. 21 will go down in history as the day same-sex New Jersey couples were finally provided the freedom to marry, a right that millions of people in this state already have," he said.

Last night, about 200 people gathered at First Congregational Church in Montclair for a rally to celebrate the court’s decision.

Activists praised the court’s ruling but called on gay marriage supporters to call legislators and ask them to supported an override of the governor’s veto.

"We had a great decision today, but the fight is not over," said activist
Michael Premo.

Rush to the altar

Meanwhile, Asbury Park City Manager Terry Reidy said the city is expected to perform its first ceremony at 9 a.m. Monday, 72 hours after the first application was taken yesterday. In all, the city took four applications by late afternoon, but the clerk’s office fielded a number of phone calls from people asking about the process.

"This means discrimination against same-sex couples who are in love with each other and who want to get married is now over," Reidy said.

Jersey City Mayor Steven Fulop said the city clerk has begun accepting applications for same-sex marriage licenses.

"On Monday, we will begin performing the ceremonies, which will be legal and binding," said Fulop, who had earlier sought a court ruling in Hudson County Superior Court to allow same-sex marriages if the Supreme Court had not ruled.

Lambertville Mayor David DelVecchio said he’s planning to lead one of the state’s first legally recognized same-sex weddings, between Beth Asaro and Joanne Schailey, who were among the first in New Jersey to be granted a civil union in 2007.